Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Rules and Regulations 75253 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0060; FRL–9903–98– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Prevention of Significant Deterioration; 

Greenhouse Gas Plantwide 

Applicability Limit Permitting 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving portions of 

one revision to the New Mexico State 

Implementation Plan (SIP) submitted by 

the New Mexico Environment 

Department (NMED) to EPA on January 

8, 2013. The January 8, 2013, submittal 

adopted revisions to the New Mexico 

Prevention of Significant Deterioration 

(PSD) plantwide applicability limit 

(PAL) permitting provisions to enable 

the NMED to issue PALs to greenhouse 

gas (GHG) emitting sources. EPA is 

approving the January 8, 2013, SIP 

revision to the New Mexico PSD 

permitting program as consistent with 

federal requirements for PSD permitting. 

EPA is taking no action on the portion 

of the January 8, 2013, SIP revision that 

relates to the provisions of EPA’s July 

20, 2011, GHG Biomass Deferral Rule. 

EPA is taking this final action under 

section 110 and part C of the Clean Air 

Act (CAA or the Act). EPA is not 

approving these rules within the 

exterior boundaries of a reservation or 

other areas within any Tribal Nation’s 

jurisdiction. 

DATES: This final rule will be effective 

January 10, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0060. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in hard copy. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), Please 

schedule an appointment with the 

person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below 

or Mr. Bill Deese at 214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, Air Permits Section (6PD– 

R), telephone 214–665–2115; email 

address wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background for This Final Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background for This Final Action 

On August 23, 2013, EPA proposed 

approval of the January 13, 2013, 

submitted revisions to 20.2.74 NMAC 

into the New Mexico SIP. See 78 FR 

52473. Our proposed rulemaking 

provided our preliminary determination 

that the January 13, 2013, revisions to 

the New Mexico PSD permitting 

program are substantively similar to the 

federal requirements for the permitting 

of GHG-emitting sources subject to PSD. 

Our proposal demonstrated that the 

submitted revisions to 20.2.74.7(AZ)(1) 

and 20.2.74.320 NMAC appropriately 

revised the New Mexico PSD PAL 

permitting requirements to provide the 

NMED the authority to issue GHG PALs, 

consistent with EPA’s Tailoring Rule 

Step 3 for GHG PALs. Our analysis also 

demonstrated that non-substantive 

revisions adopted at 20.2.74.7(AZ)(1), 

(2), (2)(b), (3), (4), and (5) NMAC to 

correct typographical errors are also 

approvable as revisions to the New 

Mexico SIP. 

We accepted comments on this 

proposed rulemaking through 

September 23, 2013. No comments were 

received. Therefore, EPA is finalizing 

the rule as proposed. 

II. Final Action 

EPA is approving portions of the 

January 8, 2013, submitted revisions to 

20.2.74 NMAC into the New Mexico SIP 

which provide the NMED the authority 

to issue GHG PALs in the New Mexico 

PSD program. EPA has determined that 

the January 8, 2013, revisions to 20.2.74 

NMAC are approvable because they 

were adopted and submitted in 

accordance with the CAA and EPA 

regulations regarding PSD permitting for 

GHGs. Therefore, under section 110 and 

part C of the Act, and for the reasons 

stated in our proposed rulemaking, EPA 

approves the following revisions to the 

New Mexico SIP: 

• Substantive revisions to 

20.2.74.7(AZ)(1) NMAC establishing 

GHG PAL permitting requirements, 

• Non-substantive revisions to 

20.2.74.7(AZ)(1), (2), (2)(b), (3), (4), and 

(5) NMAC to correct formatting, and 

• Substantive revisions to 20.2.74.320 

NMAC establishing the GHG PAL 

permitting requirements. 

EPA is taking no action at this time on 

the submitted revisions to 

20.2.74.7(AZ)(2)(a) NMAC. The DC 

Circuit Court issued an order to vacate 

EPA’s Biomass Deferral Rule on July 12, 

2013. 

EPA is not approving these rules 

within the exterior boundaries of a 

reservation or other areas within any 

Tribal Nation’s jurisdiction. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 


rmajette on DSK2TPTVN1PROD with RULES
75254 Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Rules and Regulations 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 10, 

2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 25, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart GG—New Mexico 

■ 2. Section 52.1620(c) is amended by 

revising the entry for Part 74 under the 

first table titled ‘‘EPA Approved New 

Mexico Regulations’’ to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED NEW MEXICO REGULATIONS

State Citation Title/Subject 

State 

approval/ 

effective 

date 

EPA approval date Comments 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality 

*******

Part 74 ............................ Permits—Prevention of 

Significant Deterioration.

1/8/2013 12/11/2013 ....................

[Insert FR page number 

where document begins].

Revisions to 20.2.74.303(A) NMAC submitted 5/

23/2011, effective 6/3/2011, are NOT part of 

SIP. 

20.2.74.303 NMAC submitted 12/1/2010, effective 1/1/2011, remains SIP approved (6/20/

2011, 76 FR 43149). 

Revisions to 20.2.74.7(AZ)(2)(a) NMAC submitted 1/8/2013, effective 2/6/2013, are NOT 

part of SIP. 

20.2.74.7(AZ)(2)(a) NMAC submitted 5/23/2011, 

effective 6/3/2011, remains SIP approved. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–29448 Filed 12–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0832; FRL–9398–1] 

Prohydrojasmon; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the biochemical 

pesticide prohydrojasmon (PDJ) when 

used as a plant growth regulator in or on 

apple and grape pre-harvest, in 

accordance with label directions and 

good agricultural practices. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of PDJ. 

DATES: This regulation is effective 

December 11, 2013. Objections and 

requests for hearings must be received 


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